33-273 Judicial actions

33-273. Judicial actions

A. An action affecting a conservation easement may be brought by:

1. An owner of an interest in the real property burdened by the easement.

2. A holder of the easement.

3. A governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement.

4. A person authorized by other law.

5. A governmental body if the holder is no longer in existence and there is no third party right of enforcement.

B. This article does not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity. In determining whether to modify or terminate a conservation easement a court shall consider the public interest to be served.

C. In an action under this section, the owner of the real property burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement shall be named as parties.